MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

February 8, 2005

A regular meeting of the City Council of the City of San Ramon was held on February 8, 2005 at 7:02 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

PRESENT: Councilmembers Hudson, Perkins and Rowley, Vice Mayor Livingstone, Mayor Wilson.

STAFF PRESENT: City Attorney Byron Athan, Police Chief Kathy Samuels, Planning Services Director Phil Wong, Associate Planner Beatriz Duffy, Senior Planner Debbie Chamberlain, Finance Director Greg Rogers, Public Works Director Joye Fukuda, and Interim City Clerk Patricia Edwards.

STAFF ABSENT: City Manager Herb Moniz.

Mayor Wilson announced that the Council met in closed session pursuant to Government Code §54956.9 to confer with the City Attorney and consider offer of settlement made by a former employee. No action was taken.

Cub Scout Pack 84l from Walt Disney Elementary School lead the Council, staff, and those in the audience in the pledge of allegiance. Mayor Wilson thanked the scouts and then asked each to introduce themselves to the audience.

Mayor Wilson asked if there were any changes or additions to the agenda. The Interim City Clerk noted there were none.

Mayor Wilson asked if there were any changes or additions to the Boards, Committee and Commission meetings schedule. The Interim City Clerk noted that the Architectural Review Board meeting has been cancelled.

Planning Services Director Phil Wong recognized Associate Planner Beatriz Duffy as the City’s Employee of the Month for January 2005. Mayor Wilson acknowledged her service to the residents and presented her with a bouquet of flowers and a certificate.

Beatriz Duffy thanked fellow staff, the Council and citizens of San Ramon for this recognition.

The Interim City Clerk reported that eight applications had been received for the three EDAC openings. The City Council conducted interviews on February 2, 2005. A ballot vote was taken by the Council. After compilation of the results by the Interim City Clerk, Senior Planner Debbie Chamberlain announced that John Dickenson, Ed Duarte, and Rick San Vicente were selected. Cm. Hudson's motion to approve their appointment to the EDAC for terms to run through January 2007 was seconded by Vice Mayor Livingstone and passed 5-0. Mayor Wilson thanked all of the applicants for their interest in San Ramon and their willingness to serve. He indicated that many qualified applications were received and that the selection process had not been an easy one.

The Interim City Clerk reported that three people have requested to speak under Public Comment.  Roz Rogoff informed the Council that the Pleasanton School Board was meeting to change their election from odd years to even years. She noted that they have had the same pros and cons as San Ramon. They estimate that they will save approximately $120,000 per election. She reminded the Council that San Ramon voters have indicated that they want to go to an even year election and acknowledged the issues regarding the Mayor's term and the City Charter requirements. She said that the Pleasanton School Board will probably extend the terms of current members but reminded the Council that the San Ramon voters did not want to do this.  Christy Tyler, representing the Contra Costa County Open Space Bond Measure's Green Ribbon Committee, informed the Council that although the bond measure was narrowly defeated, it will return. She reminded the Council that 54% of the residents and land owners in San Ramon voted for the measure. She hoped that the Council will continue to support the measure in the future.  Robert Stilit petitioned the Council to paint the curb red at the end of the cul-de-sac Rosario Court because of the problems they are experiencing with loitering. He informed the Council that the 'No Parking Signs' are small, unclear and one faces the wrong direction. Although the police are frequently called, there are still problems with drinking, drug use, car break-ins and a stolen car. He reported that he has collected 83 signatures in the last six months supporting his request. He is working with the Police Department on this issue and expressed his willingness to explore several options to remedy the problem.

Cm. Hudson’s motion to approve the January 25, 2005 minutes was seconded by Cm. Rowley and passed 3-0. Mayor Wilson and Cm. Perkins abstained.

Cm. Hudson’s motion to approve the following Consent Calendar was seconded by Cm. Rowley and passed 5-0.

Resolution No. 2005-05 – Ratifying the Revised Joint Exercise of Power Agreement (JP A) concerning various insurance programs with the Municipal Pooling Authority (MPA) formerly Contra Costa County Municipal Risk Management Insurance Authority (CCCMRMIA).

Resolution No. 2005-09 – Accepting Certain Road and Stormdrain Improvements on Bollinger Canyon Road (RA 1122) for Maintenance (Shapell Industries/The Bridges at Gale Ranch).

Resolution No. 2005-10 – Accepting Certain Road and Stormdrain Improvements on Bollinger Canyon Road, Windemere Parkway, Albion Road, Harcourt Way, and North and South Bellingham Way (RA 1102) for Maintenance (Windemere BLC, Land Development Company, LLC).

Resolution No. 2005-12 – Authorizing the Mayor to Execute a Right-of-Way Agreement and Accept a Grant Deed from the Gavello Family, Gavello Maciel Family, and Allen Maciel Family for Portions of Properties at 3150 Crow Canyon Road (APN 218-112-011) and 3160 Crow Canyon Road (APN 218-112-012) for the Construction of Crow Canyon Corridor Improvement Project (CIPs 7114, 7116, 7117, 7127, 7129, 7130, 8125, and 8168) for an Amount not to Exceed $31,000.

Resolution No. 2005-13 – Authorizing the Mayor to Execute a Right-of-Way Agreement and Accept a Grant Deed from KIR San Ramon L.P. California Limited Partnership for a Portion of Property at 2015 Crow Canyon Place (APN 218-102-010) for the Construction of Crow Canyon Corridor Improvement Project (CIPs 7114, 7116, 7117, 7127, 7129, 7130, 8125, and 8168) for an Amount not to Exceed $35,900.

Resolution No. 2005-16 – Authorizing the Submittal of a Grant Application to the Metropolitan Transportation Commission for $50,000 for the purpose of Capital Improvement Project No. 7183 Old Ranch Road Bicycle Path.

Public Hearing – Ordinance Repealing Section A4-42, Appointment of City Clerk, of Division A4, Officers and Employees, of Title A, General and Administration, of the Municipal Code of the City of San Ramon.

Mayor Wilson requested that Item 8.3, Resolution No. 2005-06 – Authorizing the Mayor to Execute Amendment No. 1 to the Agreement with West Coast Arborists, Inc. to extend the term of the Agreement for providing tree maintenance services for up to an additional five (5) years for an initial annual amount not to exceed $129,000, be continued.

Cm. Hudson requested that Item 8.8, Resolution No. 2005-14, Accepting the Offer of Dedication for a Portion of Dougherty Road (Parcel A of Subdivision 7015) for Roadway Purposes (Shapell Industries/The Bridges at Gale Ranch), be removed from the Consent Calendar for a staff report.

Cm. Hudson expressed concern about accepting the obligation for a roadway without being assured of Community Service Area Assessment (CSA) funding. He asked the Public Works Director if the City accepts the agreement if it is able to bill the County as soon as the work is completed. The Public Works Director indicated that this roadway is included in the 2004-05 budget and that the maintenance will be funded by the CSA.

Mayor Wilson asked how the City will insure that the applicable funds are received.
 

The Finance Director described the process to collect the funds. He stated that there will be a slight lag in payments and assured the Council that there is a mechanism in place to bill the County and collect the payment.

Cm. Perkins requested that Item 8.9, Resolution No. 2005-15, Authorizing Execution of a Purchase and Sale Agreement Related to the Vehicle License Fee Receivable from the State as Provided for in Proposition lA, be removed from the Consent Calendar for a staff report.

The Finance Director explained the procedure by which the City will sell its Vehicle License Back Fill Obligation. He stated that the reason for doing this is to increase the City's cash flow and to remove the uncertainty of whether the State will refund the Fee.

Cm. Perkins asked if the risk of pay back by the State is assumed by the bond holders.

The Finance Director indicated that the City will sell its right to the receivable so the bond holder assumes the risk.

Cm. Hudson noted that the City would be able to take advantage of this opportunity, make a deal now, and receive the funds within a few months versus the uncertainty regarding the State's repayment which is due in August 2006.

Cm. Hudson's motion to approve Consent Calendar Items 8.8 and 8.9 was seconded by Cm. Perkins and
passed 5-0.

The Planning Services Director provided the report. He noted that this is the third public hearing in a series of three required under Measure G. The General Plan Amendment is being submitted to correct a mapping error and the appropriate land use designation for this property. He added that the Planning Commission has conducted the required hearings and unanimously recommended forwarding the item to the City Council for its approval. He requested that the Council open the public hearing, accept public testimony, close the public hearing, and adopt the resolution and the ordinance.

Cm. Hudson's motion to adopt the resolution and the ordinance was seconded by Cm. Rowley and passed 5-0.

The Planning Services Director provided the report. He indicated that the streamlined HOP process has not generated any complaints or created any problems and that it has resulted in more efficient use of staff time.

Vice Mayor Livingstone's motion to accept the report was seconded by Cm. Perkins and passed 5-0.

Cm. Rowley commented that she was happy to see that the streamlined process resulted in better service to the community.

The Interim City Clerk read the City Council 2005-2006 Liaison Appointments to Area Wide and State Wide Committees, City Committees, Committees of the Council and Other Agencies.

Cm. Hudson's motion to accept the Council's Liaison Appointments was seconded by Cm. Rowley and passed 5-0.

Mayor Wilson read an introductory statement outlining the appeal procedure. He suggested that the appellant and applicant review and approve those requesting to speak. 

Mayor Wilson called a ten minute recess at 8:10 p.m. At 8:20 p.m., the Mayor and all Councilmembers reconvened.

Associate Planner Beatriz Duffy presented the history and an overview of the project.  She noted that the project is consistent with the General Plan, Westside Specific Plan and conforms to the zoning standards. The project has been revised to comply with Ordinance 197. She added that the Planning Commission can approve a project without the ARB's endorsement as the ARB is an advisory committee to the Commission.  Jim Blickenstaff, the appellant, stated that he wanted to make the Council fully realize the impact of the project. He reminded them of the problems with the Henry Ranch project and asked the Council to take a larger view of the west side view shed an consider the aesthetic impact of this project. He reinforced the need to be aware of the infringement of this project on the west side valley view. He indicated that he wants the project to succeed for both the applicant and the residents of San Ramon. He asked that the Council consider the impact of the three story building on the view and perhaps consider only 2 two story senior apartment buildings. He expressed concern that the Architectural Review Board (ARB) did not sign off on the project and that the project might be too large for the 16 acre site. He expressed concern that the ratio of 1.1 parking spaces per living unit in the senior section was insufficient and suggested decreasing the number of units to make parking more compatible. He stated that the 250 parking spaces allocated for the 1000 seat auditorium were not realistic and questioned how the excess parking will be handled. He noted that the applicant looked only at the view looking east and said that view looking west should also be included. He remarked that the Church's parishioners needed to evaluate if the project meets the needs of the City's citizens and not just their own. 

Vice Mayor Livingstone asked if the appellant's concerns center on whether the project will be built per the City's requirements or on visual aesthetics.

Mr. Blickenstaff responded that the picture of the three story building does not look in proportion when compared to the two story buildings.

Vice Mayor Livingstone asked if the appellant accepted that the project meets the requirements of Ordinance 197.

Mr. Blickenstaff responded affirmatively.

Three people asked to speak in support of the appellant.

Joseph Covello addressed the Council and indicated that he was upset and disappointed that the staff recommendation, which he interpreted as a directive to the Council, essentially discounts the input from the appeal. He complained about staff's uncaring and disrespectful responses. He noted that the meetings on the Church on the Hill project coincided with another important issue, the Chevron/Texaco cogeneration meetings and made it difficult to attend. He remarked that the project's approval appeared preordained. He expressed amazement at the unanimous vote of the Planning Commission and was suspicious that the applicant had received special treatment. He stated that the first evidence of this special stature was the initial Negative Mitigation Declaration which is inappropriate for this project. He stated that he had no doubt that an EIR as required by CEQA should have been conducted. He remarked that this project continued the visual blight of San Ramon Valley Boulevard. He asked how this project fits into the Forest Home Farms and Glass House projects. He questioned why a 1000 seat auditorium was needed. He anticipates that this project will create unbearable traffic. He noted that the soils are unstable and that there is visible evidence of land slippage. He noted that he has watched this hillside for 35 years. He objected to the special treatment given to the clergy. In summary, he asked the Council to overturn the Planning Commission's decision.

Melody Lundgren stated that she believes that Mr. Blickenstaff wants to keep San Ramon as beautiful as it was. She expressed support for the appellant and stated that, as a ten year resident, she has witnessed the dramatic changes in San Ramon. She expressed concerns with the three story building and suggested that the project be limited to two story buildings which would take care of the view and parking problems.  She noted that it was difficult to reconcile the property owners' rights versus community concerns. She asked that the project not be denied in total but that the Council approve something that the community can live with and be proud of.

Les Nemeth, a resident of the Oaks which are the homes located above the project, expressed concerns regarding the fence, lighting and security. He reported that he has collected 32 signatures from homeowners who oppose the project. He indicated that although there is a fence between the properties, they would like to have a secure fence.

Cm. Hudson asked for clarification on the existing fence.

Mr. Nemeth indicated that the fence was not secure.

Vice Mayor Livingstone asked if the fence is located on church property.

Mr. Nemeth responded that the fence is located on the mutual property line.

Vice Mayor Livingstone asked Mr. Nemeth if, in general, he approved of the project.

Mr. Nemeth responded that the problem with the project was its size and requested that it be decreased by 25%. He felt that the project was too dense for the 16 acre site.

Cm. Perkins asked if a barbed wire fence would be an acceptable solution.

Mr. Nemeth indicated that it would help. He preferred one that would cut off the view from his property.

Rev. John Weaver reported that the Church on the Hill purchased the 16.2 acre property in 1969. He indicated that both west looking and east looking views of the project have been provided. He added that they have increased the landscaping to address several aesthetic issues which have been raised.

Five people asked to speak in support of the applicant.

Ken Hanson described the project's landscaping which will include toyon, native oak, African sumac, olive trees and plants that are heat and drought tolerant and that match the natural color palette. He reviewed several of the project's features including a meandering walk which is wheelchair and walker accessible. He noted that the picnic area will include California pepper trees. He described the landscaping for the Church, sanctuary, parking, senior residences, walls and decks. He noted that the east side of the valley currently has few trees but the landscaping plans will address that issue.

Cm. Hudson questioned the susceptibility of the pine trees on the southern side to fire.

Mr. Hanson noted that they will retain the original trees and he is working on a fire break.

Cm. Perkins expressed concern about the olive trees.

Mr. Hanson indicated that they plan to use Swan Hill olive trees which do not have fruit.

Cm. Rowley reported that she had visited the property and liked the pine trees.

Vice Mayor Livingstone asked if the sanctuary should have windows facing Mt. Diablo.

Mr. Hanson stated that outside the sanctuary provided a good viewpoint for Mt. Diablo.

Vice Mayor Livingstone inquired if the final landscaping would look like the conceptual plan.

Mr. Hanson responded that the conceptual plan includes the actual plants that will be used and assured the Council that the final landscaping will look like the plan.

Cm. Hudson asked if the top two feet of top soil will be land banked for the buildings.

Mr. Hanson added that they may need to add an additional twelve inches, six inches of subsoil and six inches of top soil.

Vice Mayor Livingstone asked how important it was to top the trees in five years.

Mayor Wilson expressed concern regarding the tree topping in terms of the people who bought their property because of the view. He asked who is responsible for making sure that the residents' views will be retained.

Mr. Hanson indicated that the Church is responsible for tree topping. He said that the trees could be relocated or removed if requested by individual home owners.

Rev. Weaver stated that the top of the three story building is actually seventeen feet lower than the deck of the closest house.

Mayor Wilson asked if there would be any equipment on top of the three story building.

Rev. Weaver responded that no equipment would be on top of the three story building.  Rev. Weaver reiterated that the project is designed for the community. It will include a large enough worship center to accommodate anticipated population growth, housing for staff, a senior village with a low income element, and increased capacity in the preschool. He informed the Council that other ministries currently use their facility because there is no other space available to rent or purchase in San Ramon.

Martin Scales, pastor of Canyon Creek Presbyterian Church, also stated that there is no other land in the valley for church growth. He added that the senior housing component is also important.

Durwin Shepson gave a summary of his involvement in senior housing in San Ramon.  He added that this project includes 20% low income senior housing but does not look like low income housing. It is designed to meet ADA specifications and includes interior hallways and elevators. He believes that the parking for the senior residents is sufficient because most of the occupants will be single. He added that the senior housing was relocated on the property to accommodate Ordinance 197. He remarked that the Westside Specific Plan allows 200 units and that this project has only 105 units. He added that it was important to plan a building that would be economically viable. He added that the three story building is 500 feet from the road so that there is no impairment of views and that it fits into the topography of the area.  In addressing the appellant's concerns, Mr. Shepson noted that: the 500 foot set back mitigates any problems; the three story building is approximately the same height as a two story custom home with high ceilings; there is adequate parking; no visual blight; the 1000 seat sanctuary is not a mega-theatre; studies indicate that there will be virtually no impact on traffic as the facility will be used primarily on weekends; the soil stability is not an issue as the slides that you can see are old ones; the current fence was required by the State. He remarked that the comment that the Church has received special favors is unreasonable in light of the fact that they have been working on this project for six years. He added that the public has had ample opportunities to voice their concerns.

Cm. Hudson asked about the specific number of affordable housing units.

Mr. Shepson responded that there will be 21 very low and low affordable housing units with financial assistance being provided by the Redevelopment Agency.

Cm. Perkins asked that the EIR be addressed.

Roger Gaither indicated that when an EIR is required, CEQA items were included in the Northwest Specific Plan and that they don't need to be readdressed. He emphasized that the applicant had received no special treatment in the course of pursuing this project. He assured the Council that there will be no problems with vandals. He informed the Council that there were specific laws regarding land use and religious organizations.

Cm. Perkins raised a concern about the 250 parking spaces for the sanctuary.

Mr. Gaithers assured the Council that there would not be a problem because lower parking is available. He reported that he had actually spoken with Mrs. Boone regarding the plans for the property and that she supported them. He emphasized that this project is not going to be a liability for the City.

Mayor Wilson asked what determined the location for the three story building.

Rev. Weaver responded that it was placed to fit into the topography.

Cm. Rowley asked how the parking would be coordinated with the Glass House.

Rev. Weaver responded that they have an agreement with the City's Parks and Recreation Department that the Church will have exclusive use on Sunday mornings of the overflow parking and that he did not anticipate any problems.

Cm. Rowley asked about the size of the staff homes.

Rev. Weaver reported that they are four bedrooms, approximately 2,100 square feet and that they have changed the design based on ARB requirements.

Cm. Rowley expressed concerns regarding communication and asked how they would maintain a good neighbor policy.

Rev. Weaver indicated that they have kept the lines of communication open. He reiterated that the Church has not received any favoritism in the review process and that this project has been on the books longer than any other project in San Ramon. He felt that it will be a wonderful contribution to the community.

Aimee Smith spoke in support of the project and said that she is very excited about the plans and its immeasurable value to the community. She remarked that the project will fit in well and that the senior component was important.

Jodi Winters noted that she is a homeowner on the west side. She remarked that the Church has gone overboard to accommodate everyone's concerns. She felt that it will provide needed senior housing and has no objections to the views.

Mr. Blickenstaff summarized his comments for the Council. He said that he is comfortable with the project and wants it to be a win-win situation. However, he requested that the Council tighten the conditions of approval. He added that the aesthetics were compatible with what the west side residents expect. He felt that the City should be proactive in caring for the landscaping. He cautioned the City not to replicate the Henry Ranch problems. He added that mitigation can be done with this project to protect the aesthetics of the west side.

Mayor Wilson requested a two minute break.

The Interim City Clerk reported that written communication had been received regarding the appeal. The San Ramon Valley Fire Protection District commented that the existing road meets the District's minimum standards and did not anticipate requiring any additional improvements. Correspondence from Michelle Cowles, Paul McCreary and Sudeep Sharma support the appellant's position.

The City Attorney clarified Mr. Gaither's comments regarding specific laws regarding land use and religious organizations. He stated that land regulations can not impose any unreasonable burden on the rights to exercise freedom of religion. He noted that any restriction on this property has to have a compelling public interest.

Each Councilmember summarized their comments.

Cm. Hudson remarked that the City had reviewed the visual impacts of the project and they have been mitigated. He added that the computer generated visuals accurately represent the final project. He felt that this project combined the intention of Ordinance 197 with smart growth. He remarked that the 24,000 square foot sanctuary is the same size as the Valley Children's Museum which has been proposed for San Ramon. He added that the senior citizens and churches are not generating traffic problems for the City. He noted that the General Plan indicates that high density housing is what the residents want.

Cm. Perkins commented that the City used planning standards as a basis for the senior and church parking. He observed that the hill's slope and stability has been investigated. He remarked that the security issue for this project was not any different than that for any other community in the City. He asked Rev. Weaver to work with all the neighbors on the security issue but did not want to make this a condition of approval. He felt that the project is economically viable and added that it is a permitted land use.

Cm. Rowley complimented staff's efforts on this project. She encouraged the church to maintain communication with its neighbors.

Vice Mayor Livingstone remarked that Mr. Hanson's landscaping projects are top quality and that he did not agree that there was an aesthetic blight problem. He added that the Church has worked for a long time to create an acceptable project and that the final result is very satisfactory and will be good for the City.

Mayor Wilson reinforced the need for communication. He described the City's new CRM (Citizen Response Management) system and how this will address any problem with staff responses. He emphasized that all projects in San Ramon receive the same scrutiny. He commented that the staff and Planning Commission have fully examined this project.

Vice Mayor Livingstone's motion that the City Council deny the appeal of the Planning Commission Resolution No. 10-04 approving the Church on the Hill and Senior Apartments was seconded by Cm. Hudson. A roll call vote of each councilmember resulted in five yeas and no nays. The motion passed 5-0.

The Acting City Manager had no comments.

Cm. Rowley informed the public that the Street Smarts Program will be conducting a poster contest in the spring for elementary school students. She invited the public to attend the Dublin San Ramon Women's Club Crab Feed on March 5, 2005 at St. Raymond's Church in Dublin. Tickets are $35.00 per person.

Vice Mayor Livingstone reported that he had visited the "Ablaze" exhibit at the Museum of the San Ramon Valley and was very impressed with the 93 years of fire fighting history that is represented. He encouraged the public to view the exhibit which is open through the end of April.

Cm. Hudson reported on the State Route 24 Policy Advisory Committee meeting which he attended. He noted that the CCTA Planning Committee will be requesting Measure J funds for a Highway 4 project even though these funds will not be available until 2009.

The City Attorney added that the question of a Negative Declaration is a judgment call.  In this case, he noted, a full EIR had been conducted as part of the Westside Specific Plan. He wished everyone "Gung Hay Fat Choy!"

Mayor Wilson thanked the County Planning Commission for working with the City on its concerns in Dougherty Valley. He reported that several communities are working to resolve their Urban Limit Line concerns.

At 10:34 p.m., Mayor Wilson adjourned the meeting and convened the Council to closed session pursuant to Government Code §54957 to evaluate the position of City Attorney.

Mayor Wilson announced that the Council met in closed session pursuant to Government Code §54957 to evaluate the position of City Attorney. No action was taken.

There being no further business to come before the City, the meeting was adjourned at 11:40 p.m.

Signed:
H. Abram Wilson, Mayor
Patricia Edwards, City Clerk

Approved as corrected at the February 22, 2005 City Council meeting, 5-0.